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-I-

1. What is the concept of remedial law? 2%


2. Distinguish between substantive law and remedial law. 2%
3. How are remedial laws implemented in our system of government? 2%
4. Distinguish jurisdiction from venue? 2%
5. What do you mean by (a) real actions; and (b) personal actions? 2%

- II -

What court has jurisdiction over an action for specific performance filed by a
subdivision homeowner against a subdivision developer? Choose the correct
answer. Explain. 2.5%

1. The Housing and Land Use Regulatory Board


2. The Securities and Exchange Commission
3. The Regional Trial Court
4. The Commercial Court or the Regional Trial Court designated by the Supreme
Court to hear and decide "commercial cases".

- III -

1. What is forum shopping? 2.5%


2. Honey filed with the Regional Trial Court, Taal, Batangas a complaint for
specific performance against Bernie. For lack of a certification against forum
shopping, the judge dismissed the complaint. Honey's lawyer filed a motion
for reconsideration, attaching thereto an amended complaint with the
certification against forum shopping. If you were the judge, how will you
resolve the motion? 5%

- IV -

Jojie filed with the Regional Trial Court of Laguna a complaint for damages against
Joe. During the pre-trial, Jojie and her counsel failed to appear despite notice to both
of them. Upon oral motion of Jojie, Joe was declared as in default and Jojie was
allowed to present her evidence ex palte. Thereafter, the court rendered its
Decision in favor of Jojie.

Joe hired Jose as his counsel. What are the remedies available to him? Explain. 5%

-V-

May Congress enact a law providing that a 5,000 square meter lot, apart of the UST
compound in Sampaloc, Manila, be expropriated for the construction of a park in
honor of former City Mayor Arsenio Lacson? As compensation to UST, the City of
Manila shall deliver its 5-hectare lot in Sta. Rosa, Laguna originally intended as a
residential subdivision for the Manila City Hall employees. Explain. 5%

- VI -

Explain each mode of certiorari:

a. As a mode of appeal from the Regional Trial Court or the Court of Appeals to
the Supreme Court. 2.5%
b. As a special civil action from the Regional Trial Court or the Court of Appeals
to the Supreme Court. 2.5%
c. As a mode of review of the decisions of the National Labor Relations
Commission and the Constitutional Commissions. 2.5%

- VII -
Mark filed with the Bureau of Internal Revenue a complaint for refund of taxes paid,
but it was not acted upon. So, he filed a similar complaint with the Court of Tax
Appeals raffled to one of its Divisions. Mark's complaint was dismissed. Thus, he
filed with the Court of Appeals a petition for certiorari under Rule 65.

Does the Court of Appeals have jurisdiction over Mark's petition? 2.5

- VIII -

Does the Court of Appeals have jurisdiction to review the Decisions in criminal and
administrative cases of the Ombudsman? 2.5%

- IX -

1. What are the requisites for the issuance of (a) a writ of preliminary injunction;
and (b) a final writ of injunction? 2.5%
2. Distinguish between injunction as an ancillary remedy and injunction as a
main action. 2.5%

-X-

1. Define a temporary restraining order (TRO). 2%


2. Maya Regional Trial Court issue injunction without bond? 2%
3. What is the duration of a TRO issued by the Executive Judge of a Regional
Trial Court? 2%
4. Differentiate a TRO from a status quo order. 2%
5. Maya justice of a Division of the Court of Appeals issue a TRO? 2%

- XI -

1. What is an interlocutory order?

An interlocutory order refers to an order issued between the commencement


and the end of the suit which is not a final decision of the whole controversy and
leaves something more to be done on its merits (Gallardo et al. v. People,
G.R. No. 142030, April 21, 2005; Investments Inc. v. Court of Appeals,
G.R. No. 60036, January 27, 1987 cited in Denso Phils, v. /AC, G.R. No.
75000, Feb. 27, 1987).

2. What is the difference between a judgment and an opinion of the court? 2.5%

The judgment or fallo is the final disposition of the Court which is reflected in the
dispositive portion of the decision. A decision is directly prepared by a judge and
signed by him, containing clearly and distinctly a statement of the facts proved
and the law upon which the judgment is based (Etoya v. Abraham Singson,
Adm. Matter No. RTJ-91-758, September 26, 1994).

An opinion of the court is the informal expression of the views of the court and
cannot prevail against its final order. The opinion of the court is contained in the
body of the decision that serves as a guide or enlightenment to determine the
ratio decidendi of the decision. The opinion forms no part of the judgment even if
combined in one instrument, but may be referred to for the purpose of
construing the judgment (Contreras v. Felix, G.R. No. L-477, June 30,
1947).

- XII -

Tina Guerrero filed with the Regional Trial Court of Bifian, Laguna, a complaint for
sum of money amounting to P1 Million against Carlos Corro. The complaint alleges,
among others, that Carlos borrowed from Tina the said amount as evidenced by a
promissory note signed by Carlos and his wife, jointly and severally. Carlos was
served with summons which was received by Linda, his secretary .However, Carlos
failed to file an answer to the complaint within the 15-day reglementary period.
Hence, Tina filed with the court a motion to declare Carlos in default and to allow
her to present evidence ex parte. Five days thereafter, Carlos filed his verified
answer to the complaint, denying under oath the genuineness and due execution of
the promissory note; and contending that he has fully paid his loan with interest at
12% per annum.

1. Was the summons validly served on Carlos? 2.5%


2. If you were the judge, will you grant Tina's motion to declare Carlos in
default? 2.5%

- XIII -

Sergio Punzalan, Filipino, 50 years old, married, and residing at Ayala Alabang
Village, Muntinlupa City , of sound and disposing mind, executed a last will and
testament in English, a language spoken and written by him proficiently. He
disposed of his estate consisting of a parcel of land in Makati City and cash deposit
at the City Bank in the , sum of P300 Million. He bequeathed P50 Million each to his
3 sons and P150 Million to his wife. He devised apiece of land worth P100 Million to
Susan, his favorite daughter-in-Iaw. He named his best friend, Cancio Vidal, as
executor of the will without bond

1. Is Cancio Vidal, after learning of Sergio's death, obliged to file with the proper
court a petition for probate of the latter's last will and testament? 2%
2. Supposing the original copy of the last will and testament was lost, can
Cancio compel Susan to produce a copy in her possession to be submitted to
the probate court? 2%
3. Can the probate court appoint the widow as executor of the will? 2%
4. Can the widow and her children settle extrajudicially among themselves the
estate of the deceased? 2%
5. Can the widow and her children initiate a separate petition for partition of the
estate pending the probate of the last will and testament by the proper
court? 2%

- XIV -

When is bail a matter of right and when is it a matter of discretion ? 5%

- XV -

Leticia was estranged from her husband Paul for more than a year due to his
suspicion that she was having an affair with Manuel, their neighbor. She was
temporarily living with her sister in Pasig City.

For unknown reasons, the house of Leticia's sister was burned, killing the latter.
Leticia survived. She saw her husband in the vicinity during the incident. Later, he
was charged with arson in an Information filed with the Regional Trial Court, Pasig
City.

During the trial, the prosecutor called Leticia to the witness stand and offered her
testimony to prove that her husband committed arson.

Can Leticia testify over the objection of her husband on the ground of martial
privilege? 5%

- XVI -
1. What are the requirements in order that an admission of guilt of an accused
during a custodial investigation be admitted in evidence? 2.5%
2. As counsel of an accused charged with homicide, you are convinced that he
can be utilized as a state witness. What procedure will you take? Explain.
2.5%

- XVII -

In 1996, Congress passed Republic Act No.8189, otherwise known as the Voters'
Registration Act of 1996, providing for computerization of elections. Pursuant
thereto, the COMELEC approved the Voters' Registration and Identification System
(VRIS) Project. It issued invitations to pre-qualify and bid for the project. After the
public bidding, Fotokina was declared the winning bidder with a bid of P6 Billion and
was issued a Notice of Award. But COMELEC Chairman Gener Go objected to the
award on the ground that under the Appropriations Act, the budget for the
COMELEC's modernization is only P1 Billion. He announced to the public that the
VRIS project has been set aside. Two Commissioners sided with Chairman Go, but
the majority voted to uphold the contract.

Meanwhile, Fotokina filed with the RTC a petition for mandamus to compel the
COMELEC to implement the contract. The Office of the Solicitor General (OSG),
representing Chairman Go, opposed the petition on the ground that mandamus
does not lie to enforce contractual obligations. During the proceedings, the majority
Commissioners filed a manifestation that Chairman Go was not authorized by the
COMELEC En Banc to oppose the petition.

1. May the OSG represent Chairman Go before the RTC notwithstanding that his
position is contrary to that of the majority? 5%.
2. Is a petition for mandamus an appropriate remedy to enforce contractual
obligations? 5%